Evidence for prosecution.
What this section does
If the accused refuses to plead, does not plead, claims to be tried, or is not convicted on a guilty plea, the Magistrate fixes a date for examination of witnesses, supplying the accused in advance with statements of witnesses recorded during investigation. On the fixed date, the Magistrate takes all prosecution evidence, with the option to defer cross-examination or recall witnesses; examination of witnesses may be conducted via audio-video electronic means.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Prosecution · Accused · Witnesses
Derived from CrPC s.242.
Read the official text
For the binding statutory text of BNSS Section 265, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 265 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.